C.Selvam v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.Selvam

...Petitioner

Vs.

1.The Assistant Director Survey and Land Records, Vellore District.

2.The Tahsildar Pernampet Taluk, Vellore District.

3.The Taluk Surveyor Pernampet Taluk, Vellore District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 13.09.2024 and thereby direct the respondents to measure the property in plot No.33, Natham Survey No.4/1B1, 1/6

Kembasamuthiram Mittapalli Village, Perampet Taluk, Vellore District to an extent of 872 sq.ft and erect the milestones and fix the boundaries.

For Petitioner :

Mr. Gopalakrishnan For Respondents :

Mr. R.P.Murugan Raja 1 to 3 Government Advocate.

O R D E R

The Writ Petition is filed seeking mandamus to the respondents to survey the petitioner's property.

2. The petitioner purchased the property in plot No.33, Natham Survey No.4/1B1, Kembasamuthiram Mittapalli Village, Perampet Taluk, Vellore District to an extent of 872 sq.ft by virtue of sale deed in Doc.No.1779/2010 dated 29.06.2010, on the file of the Sub Registrar Office, Pernampet from one Thayammal.

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3. The petitioner submits that the Special Tahsildar, issued assignment patta in favour of the petitioner's vendor on 30.06.1996. Since then she was in possession of the property and after purchase by the petitioner, he is in absolute possession and enjoyment of the same. The petitioner submits that in order to develop his property, he made a representation dated 13.09.2024 to the respondents to survey his lands. However, the same was not considered to date. Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested 3/6

parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

6. The Writ Petition is allowed. No costs.

06.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The Assistant Director Survey and Land Records, Vellore District.

2.The Tahsildar Pernampet Taluk, Vellore District.

3.The Taluk Surveyor Pernampet Taluk, Vellore District.

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P.T. ASHA, J, kan W.P.No. 31849 of 2024 06.11.2024 6/6